International Journal of Legal Information

International Calendar

Aslihan Bulut — Tue, 12 Apr 2011 11:07:27 PDT

Book Reviews

Aslihan Bulut et al. — Tue, 12 Apr 2011 11:07:26 PDT

Democratization and Foreign Policy Reforms in Turkey: Europeanization of Turkish Politics?

Yaprak Gürsoy — Tue, 12 Apr 2011 11:07:24 PDT

The European Union membership process has had an impact on Turkish domestic politics and foreign policy. However, when compared with previous candidate countries to the EU, the Europeanization of politics in Turkey has not been an even process. The reformation of politics in Turkey has had three main characteristics. First, instead of the pace of the reforms being linear, there has been a periodic rise and fall of interest in introducing amendments. Second, the reforms have not necessarily replaced past practices, rather they have only introduced new ones in addition to the old ways of doing politics. Finally, there has been considerable opposition to the reforms in Turkey, partially because the government does not seem to follow the liberal-democratic trajectory set out by the EU membership process. The delays in enacting the constitutional and legal changes and the biased selection of laws and practices that are being amended do not give the impression that the government is sincere. Whether the amendments are in fact Europeanizing Turkey or pulling it away from its Western and secular political framework is a significant question leading to conflict among different factions in society. This divergence of opinion, in turn, results in further stalling the reforms.

Management of Ethno-Cultural Diversity in Turkey: Europeanization of Domestic Politics and New Challenges

Ayhan Kaya — Tue, 12 Apr 2011 11:07:23 PDT

Turkey has gone through an enormous process of change in the last decade, especially regarding he political recognition of ethno-cultural and religiously diverse groups. The term “diversity” has become one of the catch words of contemporary political philosophy. Diversity, in its recent forms, whether cultural, political, ethnic, or religious, is a byproduct of globalization. Globalization has made the movements of persons or groups in the ethnoscape easier. It is apparent that the management of diversity has posed a great challenge for nation states as well as for the international and supranational organizations such as the United Nations and the European Union (EU).

This paper touches upon the management of ethnic diversity in both national and supranational levels, with particular reference to Turkey and the EU. The thesis makes a distinction between “diversity as a phenomenon” and “diversity as a discourse/ideology” in the Turkish context. The paper claims that the state and various ethnic groups in Turkey have been inclined to employ the “diversity as a discourse/ideology” in the aftermath of the EU Helsinki Summit of 1999, in compliance with the prevailing discourse of “unity in diversity” within the EU circles.

Who Owns the Past? Turkey’s Role in the Loss and Repatriation of Antiquities

Kathleen Price — Tue, 12 Apr 2011 11:07:22 PDT

Repatriation of Cultural Property–Who Owns the Past? An Introduction to Approaches and to Selected Statutory Instruments

Carol A. Roehrenbeck — Tue, 12 Apr 2011 11:07:20 PDT

Should cultural property taken by a stronger power or nation remain with that country or should it be returned to the place where it was created? Since the 1990s this question has received growing attention from the press, the public and the international legal community. For example, prestigious institutions such as the J. Paul Getty Museum of Art in Los Angeles and the Metropolitan Museum of Art in New York have agreed to return looted or stolen artwork or antiquities. British smuggler Jonathan Tokeley-Parry was convicted and served three years in prison for his role in removing as many as 2,000 antiquities from Egypt. Getty director Marion True defended herself against charges that she knowingly bought antiquities that had been illegally excavated from Italy and Greece. New books on the issue of repatriation of art and antiquities have captured the attention of the public. A documentary based on one of these books was shown in theaters and aired on public television. The first international academic symposium on the topic was convened in New York City in January 1995.

These events signify a shift away from the historic tradition of plunder and theft, and evidence a move to protect and repatriate cultural property. However, efforts to reclaim and return stolen or looted artifacts face complex issues. First, there is ongoing debate about what approach should be taken with respect to a country’s ownership of cultural property. Second, the process itself requires delicate cooperation among government, law enforcement, museums, and antiquities dealers and frequently includes transactions where there are gaps in historical records. Finally, there is a tangled web of both local and international laws covering the subject.

What follows is a brief introduction to the topic and a list of resources. The summary is by no means exhaustive: it is based on a talk given at the International Association of Law Librarians in Istanbul, Turkey in 2010.

Under the Turkish Blanket Legislation: The Recovery of Cultural Property Removed from Turkey

Sibel Özel — Tue, 12 Apr 2011 11:07:19 PDT

Accessing Legal Information in Turkey

Pervin Dedeler Bezirci — Tue, 12 Apr 2011 11:07:17 PDT

Currently, in the field of law as well as in other fields, societal developments, global interaction, and the increasing importance of technology in acquiring information resources have led to a rapid growth in the number of information sources. Furthermore, this growth has resulted in greater access to various sources. The great majority of the users of law-related information are legal academicians, law students, practicing lawyers, judges, and law consultants.

The expectations and demands of these information users are very high. Relevant sources must be instantly accessible, the sources in question must be updated, accurate and comprehensive. In order to meet these expectations, librarians must know and apply the means and methods of access to the related information. Thus, this study is brief demonstration of the issue related to access to law-related-information in Turkey. This paper will address how one gains access to legal information in Turkey. While focusing on this question, the subject of legal resources will also be explained briefly.

Lastly, the existing law in Turkey in the field of electronic resources will be explained.

Academic Librarianship in Turkey: The Historical Context

Serdar Katipoğlu — Tue, 12 Apr 2011 11:07:16 PDT

This paper aims to present the historical development of academic libraries and librarianship in Turkey. It takes its starting point from the first years of the Republic and follows the reforms, improvements and setbacks in this field.

General Outlook on Turkish Librarianship: UNAK-Turkish Platform of Law Librarians

Sami Çukadar et al. — Tue, 12 Apr 2011 11:07:14 PDT

This paper aims to give an overview of education of librarians, professional associations, publications and the types of libraries in Turkey. In addition, the activities of the Turkish Platform of Law Librarians and law librarianship in Turkey are presented.

Turkey in a Global Context: 28th Annual Course on International Law Librarianship

Tue, 12 Apr 2011 11:07:13 PDT

2010 IALL Conference Report: The 29th Annual Course on International Law Librarianship

Liu Ming — Tue, 12 Apr 2011 11:07:12 PDT

President's Report

Jules Winterton — Tue, 12 Apr 2011 11:07:10 PDT

Editorial Comment

Mark Engsberg — Tue, 12 Apr 2011 11:07:09 PDT

Volume 38, Number 2 (Summer 2010) Table of Contents

Tue, 12 Apr 2011 11:07:07 PDT

Volume 38, Number 2 (Summer 2010) Title Page and Masthead

Tue, 12 Apr 2011 11:07:06 PDT

Book Reviews

Duncan Alford et al. — Tue, 19 Oct 2010 12:03:22 PDT

The International Calendar

Aslihan Bulut — Tue, 19 Oct 2010 12:03:22 PDT

Understanding HIV-Specific Laws in Central America

Schuyler Frautschi — Tue, 19 Oct 2010 12:03:21 PDT

This article explores HIV-specific laws in Central America: why they exist, where their terms come from, what choices have been made, and what the laws do. Part I outlines the influential work and standards of the U.N. and USAID. Part II presents contours of debate over AIDS law and policy in the United States. Part III reports on the HIV epidemics in Central America. Part IV compares the Central American laws, applying some of the lessons and theories presented in earlier Parts. The article concludes that HIV laws in the region do not function to provide the basis for claims of individual rights or impositions of responsibilities, the way U.S. laws often have. Rather, the Central American laws represent national aspirations toward a reasonable response to the epidemics. Central American aspirations toward safeguarding individual rights, while tracking heightening international standards, nonetheless are profoundly challenged as the epidemic is measured and expands: the law in Nicaragua, with its very low measured incidence of HIV infection, is very “rights” oriented, while the law in Honduras, where HIV incidence is relatively high, is very “duties” oriented.

Legal Education in China: English Language Materials

Roderick O'Brien — Tue, 19 Oct 2010 12:03:21 PDT

Modern legal education began in China late in the Qing dynasty (1644-1911), and then expanded during the period of the Republic of China from 1912. With the establishment of the People’s Republic of China in 1949, legal education entered a new and difficult period. The compilation of English language materials offered here includes a few materials relating to the Qing and Republican periods, but after 1949 only materials relating to the People’s Republic of China (mainland China). Hong Kong, Macau, and Taiwan all have separate legal education systems and structures, and are excluded from this compilation.